Federal Facility Compliance Act
TITLE I - FEDERAL FACILITY COMPLIANCE ACT Related documents: ONE HUNDRED SECOND CONGRESS OF AT THE SECOND SESSION Begun and held at the City of Washington on Friday, the third day of January, AN ACT To amend the Solid Waste Disposal Act to clarify provisions concerning the application of certain requirements and sanctions to Federal Facilities. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SEC. 101. SHORT TITLE. This title may be cited as the "Federal Facility Compliance Act of 1992". SEC. 102. APPLICATION OF CERTAIN PROVISIONS TO FEDERAL FACILITIES. (a) IN GENERAL. - Section 6001 of the Solid Waste Disposal Act (42 U.S.C. 6961) is amended -
(including, but not limited to, any fine or imprisonment) under any Federal or State solid or hazardous waste law, but no department, agency, or instrumentality of the executive, legislative, or judicial branch of the Federal Government shall be subject to any such sanction." (b) ADMINISTRATIVE ENFORCEMENT ACTIONS - Such section is further amended by adding at the end of the following new subsections: (b) ADMINISTRATIVE ENFORCEMENT ACTIONS - (1) The Administrator may commence an administrative enforcement action against any department, agency, or instrumentality of the executive, legislative, or Judicial branch of the Federal Government pursuant to the enforcement authorities contained in this Act. The Administrator shall initiate an administrative enforcement action against such a department, agency, or instrumentality in the same manner and under the same circumstances as an action would be initiated against another person. Any voluntary resolution or settlement of such an action shall be set forth in a consent order. (2) No administrative order issued to such a department, agency, or instrumentality shall become final until such department, agency, or instrumentality has had the opportunity to confer with the Administrator. (c) LIMITATION ON STATE USE OF FUNDS COLLECTED FROM FEDERAL GOVERNMENT. - Unless a State law in effect on the date of the enactment of the Federal Facility Compliance Act of 1992 or a State constitution requires the funds to be used in a different manner, all funds collected by a State from the Federal Government from penalties and fines imposed for violation of any substantive or procedural requirement referred to in subsection (a) shall be used by the State only for projects designed to improve or protect the environment or to defray the costs of environmental protection or enforcement.". (c) EFFECTIVE DATES. -
EFFECTIVE DATE FOR CERTAIN MIXED WASTE. - (A) Except as provided in subparagraph (B), after the date that is 3 years after the date of the enactment of this Act, the waiver of sovereign immunity contained in section 6001(a) of the Solid Waste Disposal Act with respect to civil, criminal, and administrative penalties and fines (as added by the amendments made by subsection (a)) shall apply to departments, agencies, and instrumentalities of the executive branch of the Federal Government for violations of section 3004(j) of the Solid Waste Disposal Act involving storage of mixed waste. (B) With respect to the Department of Energy, the waiver of sovereign immunity referred to in subparagraph (A) shall not apply after the date that is 3 years after the date of the enactment of this Act for violations of section 3004(j) of such Act involving storage of mixed waste, so long as the Department of Energy in compliance with both -
APPLICATION OF WAIVER TO AGREEMENTS AND ORDERS. - AGREEMENT OR ORDER. - Except as provided in paragraph (4), nothing in this Act shall be construed to alter, modify, or change in any manner any agreement, permit, or administrative or judicial order, including, without limitation, any provision of an agreement, permit, or order- (i) that addresses compliance with section 3004(j) of the Solid Waste Disposal Act with respect to mixed waste; SEC. 103. DEFINITION OF PERSON. Section 1004(15) of the Solid Waste Disposal Act (42 U.S.C. 6903(15)) is amended by adding the following before the period: "and shall include each department, agency, and instrumentality of the United States". SEC. 104. FACULTY ENVIRONMENTAL ASSESSMENTS. Section 3007(c) of the Solid Waste Disposal Act (42 U.S.C. 6927(c) is amended as follows:
SEC. 105. MIXED WASTE INVENTORY REPORTS AND PLAN. (a) MIXED WASTE AMENDMENT. - (1) Subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.) is amended by adding at the end the following new section: SEC. 3021. MIXED WASTE INVENTORY REPORTS AND PLAN. (a) MIXED WASTE INVENTORY REPORTS. - (1) REQUIREMENT. - Not later than 180 days after the date of the enactment of the Federal Facility Compliance Act of 1992, the Secretary of Energy shall submit to the Administrator and to the Governor of each State in which the Department of Energy stores or generates mixed wastes the following reports:
(2) INVENTORY OF WASTES. - The report required by paragraph (1)(A) shall include the following:
(3) INVENTORY OF TREATMENT CAPACITIES AND TECHNOLOGIES - The report required by paragraph (1)(B) shall include the following:
(4) COMMENTS AND REVISIONS. - Not later than 90 days after the date of the submission of the reports by the Secretary of Energy under paragraph (1), the Administrator and each State which received the reports shall submit any comments they may have concerning the reports to the Department of Energy. The Secretary of Energy shall consider and publish the comments prior to publication of the final report. (5) REQUESTS FOR ADDITIONAL INFORMATION. - Nothing in this subsection limits or restricts the authority of States or the Administrator to request additional information from the Secretary of Energy. (b) PLAN FOR DEVELOPMENT OF TREATMENT CAPACITIES AND TECHNOLOGIES. - (1) PLAN REQUIREMENT. -(A)(i) For each facility at which the Department of Energy generates or stores mixed wastes, except any facility subject to a permit, agreement, or order of Energy shall develop described in clause (ii), the Secretary of Energy shall develop and submit, as provided in paragraph (2), a plan for developing treatment capacities and technologies to treat all of the facility's mixed wastes, regardless of the time they were generated, to the standards promulgated pursuant to section 3004(m). (ii) Clause (i) shall not apply with respect to any facility subject to any permit establishing a schedule for treatment of such wastes, or any existing agreement or administrative or judicial order governing the treatment of such wastes, to which the State is a party. (B) Each plan shall contain the following:
(C) A plan required under this subsection may provide for centralized, regional, or on-site treatment of mixed wastes, or any combination thereof. (2) REVIEW AND APPROVAL OF PLAN. - (A) For each facility that is located in a State (i) with authority under State law to prohibit land disposal of mixed waste until the waste has been treated and (ii) with both authority under State law to regulate the hazardous components of mixed waste and authorization from the Environmental Protection Agency under section 3006 to regulate the hazardous components of mixed waste, the Secretary of Energy shall submit the plan required under paragraph (1) to the appropriate State regulatory officials for their review and approval, modification, or disapproval. In reviewing the plan, the State shall consider the need for regional treatment facilities. The State shall consult with the Administrator and any other State in which a facility affected by the plan is located and consider public comments in making its determination on the plan. The State shall approve, approve with modifications, or disapprove the plan wIthin 6 months after receipt of the plan. (B) For each facility located in a State that does not have the authority described in subparagraph (A). the Secretary shall submit the plan required under paragraph (1) to the Administrator of the Environmental Protection Agency for review and approval, modification, or disapproval. A copy of the plan also shall be provided by the Secretary to the State in which such a facility is located. In reviewing the plan, the Administrator shall consider the need for regional treatment facilities. The Administrator shall consult with the State or States in which any facility affected by the plan is located and consider public comments in making a determination on the plan. The Administrator shall approve, approve with modifications, or disapprove the plan within 6 months after receipt of the plan. (C) Upon the approval of a plan under this paragraph by the Administrator or a State, the Administrator shall issue an order under section 3008(a), or the State shall issue an order under appropriate State authority, requiring compliance with the approved plan. (3) PUBLIC PARTICIPATION. - Upon submission of a plan by the Secretary of Energy to the Administrator or a State, the Administrator or State shall publish a notice of the availability of the submitted plan and make such submitted plan available to the public on request. (4) REVISIONS OF PLAN. - If any revisions of an approved plan are proposed by the Secretary of Energy or required by the Administrator or a State, the provisions of paragraphs (2) and (3) shall apply to the revisions in the same manner as they apply to the original plan. (5) WAIVER OF PLAN REQUIREMENT. - (A) A State may waive the requirement for the Secretary of Energy to develop and submit a plan under this subsection for a facility located in the State if the State (i) enters into an agreement with the Secretary of Energy that addresses compliance at that facility with section 3004{) with respect to mixed waste, and (ii) issues an order requiring compliance with such agreement and which is in effect. (B) Any violation of an agreement or order referred to in subparagraph (A) is subject to the waiver of sovereign immunity contained in section 6001(a). (c) SCHEDULE AND PROGRESS REPORTS. - (1) SCHEDULE. - Not later than 6 months after the date of the enactment of the Federal Facility Compliance Act of 1992, the Secretary of Energy shall publish in the Federal Register a schedule for submitting the plans required under subsection (b). (2) PROGRESS REPORTS. - (A) Not later than the deadlines specified in subparagraph (B), the Secretary of Energy shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives a progress report containing the following:
(B) The Secretary of Energy shall submit a report under subparagraph (A) not later than 12 months after the date of the enactment of the Federal Facility Compliance Act of 1992, 24 months after such date, and 36 months after such date. (2) The table of contents for subtitle C of the Solid Waste Disposal Act (contained in section 1001) is amended by adding at the end of the following new item: SEC. 3021. MIXED WASTE INVENTORY REPORTS AND PLAN. (a) DEFINITION. - Section 1004 of the Solid Waste Disposal Act (42,U.S.C. 6902) is amended by adding at the end the following new paragraph: (41) The term 'mixed waste' means waste that contains both hazardous waste and source, special nuclear, or by-product material subject to the Atomic Energy Act of 1.954 (42 V.S.C. 2011 et seq.)." (d) GAO REPORT. - (1) REQUIREMENT. - Not later than 18 months after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the Department of Energy's progress in complying with section 3021(b) of the Solid Waste Disposal Act. (2) MATTERS TO BE INCLUDED. - The report required under paragraph (1) shall contain, at a minimum, the following:
SECTION 106. PUBLIC VESSELS. (a) AMENDMENT. - Subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.) is further amended by adding at the end following new section: (a) WASTE GENERATED ON PUBLIC VESSELS. - Any hazardous waste generated on a public vessel shall not be subject to the storage, manifest, inspection, or record keeping requirements of this Act until such waste is transferred to a shore facility, unless -
(b) COMPUTATION OF STORAGE PERIOD. - For purposes of subsection (a), the 90-day period begins on the earlier of -
(c) DEFINITIONS. - For purposes of this section: (1) The term 'public vessel' means a vessel owned or bareboat chartered and operated by the United States, or by a foreign nation, except when the vessel is engaged in commerce. (d) RELATIONSHIP TO OTHER LAW. - Nothing in this section shall be construed as altering or otherwise affecting the provisions of section 7311 of title 10, United States Code." (e) TECHNICAL AMENDMENT. - The table of contents for subtitle C of such Act (contained in section 1001) is further amended by adding at the end the following new item: SEC. 107. MUNITIONS. Section 3004 of the Solid Waste Disposal Act (42 U.S.C. 6924) is amended by adding at the end the following new subsection: (a) MUNITIONS. - (1) Not later than 6 months after the date of the enactment of the Federal Facility Compliance Act of 1992, the Administrator shall propose, after consulting with the Secretary of Defense and appropriate State officials, regulations identifying when military munitions become hazardous waste for purposes of this subtitle and providing for the safe transportation and storage of such waste. Not later than 24 months after such date, and after notice and opportunity for comment, the Administrator shall promulgate such regulations. Any such regulations shall assure protection of human health and the environment. (2) For purposes of this subsection, the term 'military munitions' includes chemical and conventional munitions. SEC. 108. FEDERALLY OWNED TREATMENT WORKS. (a) AMENDMENT - Subtitle C of the Solid Waste Disposal Act (12 U.S.C. 6921 et seq.) is further amended by adding at the end the following new section: SEC. 3023. FEDERALLY OWNED TREATMENT WORKS (a) IN GENERAL. - For purposes of section 1004(27), the phrase but does not include solid or dissolved material in domestic sewage shall apply to any solid or dissolved material introduced by a source into a federally owned treatment works if -
(b) PROHIBITION. - It is unlawful to introduce into a federally owned treatment works any pollutant that is a hazardous waste. (c) ENFORCEMENT. - (1) Actions taken to enforce this section shall not require closure of a treatment works if the hazardous waste is removed or decontaminated and such removal or decontamination is adequate, in the discretion of the Administrator or, in the case of an authorized State, of the State, to protect human health and the environment. (2) Nothing in this subsection shall be construed to prevent the Administrator or an authorized State from ordering the closure of a treatment works if the Administrator or State determines such closure is necessary for protection of human health and the environment. (3) Nothing in this subsection shall be construed to affect any other enforcement authorities available to the Administrator State under this subtitle. (d) DEFINITION. - For purposes of this section, the term 'federally owned treatment works' means a facility that is owned and operated by a department, agency, or instrumentality of the Federal Government treating wastewater, a majority of which is domestic sewage, prior to discharge in accordance with a permit issued under section 402 of the Federal Water Pollution Control Act. (e) SAVINGS CLAUSE. - Nothing in this section shall be construed as affecting any agreement, permit or administrative or judicial order, that is in existence on the date of the enactment of this section and that requires corrective action or closure at a federally owned treatment works or solid waste management unit or facility related to such a treatment works. (f) TECHNICAL AMENDMENT - The table of contents for subtitle C of such Act (contained in section 1001) is further amended by adding at the end the following new item: SEC. 109. SMALL TOWN ENVIRONMENTAL PLANNING. (a) ESTABLISHMENT. - The Administrator of the Environmental Protection Agency (hereafter referred to as the "Administrator") shall establish a program to assist small communities in planning and financing environmental facilities. The program shall be known as the "Small Town Environmental Planning Program". (b) SMALL TOWN ENVIRONMENTAL PLANNING TASK FORCE.- (1) The Administrator shall establish a Small Town Environmental Planning Task Force which shall be composed of representatives of small towns from different areas of the United States, Federal and State governmental agencies, and public interest groups. The Administrator shall terminate the Task Force not later than 2 years after the establishment of the Task Force. (2) The Task Force shall -
(c) IDENTIFICATION OF ENVIRONMENTAL REQUIREMENTS. - (l) Not later than 6 months after the date of the enactment of this Act, the Administrator shall publish a list of requirements under Federal environmental and public health statutes (and the regulations developed pursuant to such statutes) applicable to small towns. Not less than annually, the Administrator shall make such additions and deletions to and from the list as the Administrator deems appropriate. The Administrator shall, as part of the Small Town Environmental Planning Program under this section, implement a program to notify small communities of the regulations identified under paragraph (1) and of future regulations and requirements through methods that the Administrator determines to be effective to provide information to the greatest number of small communities, including any of the following:
(d) SMALL TOWN OMBUDSMAN. - The Administrator shall establish and staff an Office of the Small Town Ombudsman. The Office shall provide assistance to small towns in connection with the Small Town Environmental Planning Program and other business with the Agency. Each regional office shall identify a small town contact. The Small Town Ombudsman and the regional contacts also may assist larger communities, but only if first priority is given to providing assistance to small towns. MULTI-MEDlA PERMITS. - (1) The Administrator shall conduct a study of establishing a multi-media permitting for small towns. Such evaluation shall include an analysis of - (A) environmental benefits and liabilities of a multimedia permitting program; (2) Within 3 years after the date of enactment of this Act, the Administrator shall report to Congress on the results of the evaluation performed in accordance with paragraph (1). Included in this report shall be a description of the activities conducted pursuant to subsections (a) through (d). (f) DEFINITION. - For purposes of this section, the term "small town" means an incorporated or unincorporated community (as defined by the Administrator) with a population of less than 2,500 individuals. (g) AUTHORIZATION. - There is authorized to be appropriated the sum of $500,000 to implement this section. SEC. 110. CHIEF FINANCIAL OFFICER REPORT. The Chief Financial Officer of each affected agency shall submit to Congress an annual report containing, to the extent practicable, a detailed description of the compliance activities undertaken by the agency for mixed waste streams, and an accounting of the fines and penalties imposed on the agency for violations involving mixed waste. SEC. 201. SHORT TITLE. This title may be cited as the "Metropolitan Washington Waste Management Study Act. SEC. 301. SHORT TITLE. This title may be sited as the "Metropolitan Washington Waste Management Study Act. SEC. 202. FINDINGS. The congress finds that the 1-95 Sanitary Landfill, in Lorton, for maintaining environmental integrity at such landflll is on the Federal Government, as well as the signatories to the July 1981 1-95 Sanitary Landfill Memorandum of Understanding. SEC. 203. ENVIRONMENTAL IMPACT STATEMENT (a) ENVIRONMENTAL IMPACT STATEMENT. - Except as provided in subsection (b), in order to assure environmental integrity in and around properties owned by the Government of the United States, no expansion of the 1-95 Sanitary Landfill shall be permitted or otherwise authorized unless - (1) an environmental impact statement, pursuant to the National Environmental Policy Act, regarding any such proposed expansion has been completed and approved by the Administrator; and (b) EXCEPTION. - (1) Notwithstanding subsection (a), the 1-95 Landfill may be expanded for the purpose of the ash monofill planned by the parties to the July 1981 1-95 Sanitary Landfill Memorandum of Understanding if such monofill, subject to paragraph (21, is used solely for the disposal of incinerator ash from such parties. (2) The ash monofill referred to in paragraph (1) may be used for the disposal of solid waste for a maximum of 30 days whenever a resource recovery facility, or an incinerator and a resource recovery facility, operated for or by the parties to the July 1981 I-95 Sanitary Landfill Memorandum of Understanding is completely unavailable because of an emergency shutdown. (c) LIMITATION. - Landfill, including any expansions thereof, shall not be available to receive or dispose of municipal or industrial waste of any kind other than incinerator ash unless the conditions enumerated in subsection (a) are met. (d) GENERAL. - Notwithstanding any other provision of the title, the parties of the July 1981 1-95 Sanita Landfill Memorandum continue to be responsible for maintaining environmental stability at the 1-95 Sanitary Landfill, including any expansion, in accordance with applicable laws of the United States, the Commonwealth of Virginia, and the local jurisdictions in which the 1-95 Sanitary Landfill is located. SEC. 204. DEFINITIONS. For purposes of this title: (1) The term "expansion" includes any development or use, after May 31, 1991, of any lands (other than those lands which were used as a landfill on or before May 31, 1991) owned by the Government of the United States in and around Lorton, Virginia, for the purpose of, or use as, a sanitary landfill in accordance with the July 1981 1-95 Sanitary Landfill Memorandum of Understanding. The term also includes variances or exemptions from any elevation requirements relating to landfill operations established by the laws of the Commonwealth of Virginia, or any subdivision thereof, in connection with any such lands used on or before May 31,1991. (2) The term "lands owned by the Government of the United States" includes any lands owned by the United States, and any such lands with respect to which the Government of the District of Columbia has beneficial ownership. (3) The term "July 1981 1-95 Sanitary Landfill Memorandum of Understanding" means the document titled "Memorandum of Understanding 1-95 Resource Recovery, Land Reclamation, and Recreation Complex" that was executed July 22, 1981, and subsequently amended by supplemental agreements executed before May 31,1991. Speaker of the House of Representatives. Vice President of the United States and |